2570.67—Summary decision.
         For 502(c)(2) civil penalty proceedings, this section shall apply in lieu of  § 18.41 of this title.
    
    
        
        (a) No genuine issue of material of fact.
        
        (1) 
         Where no issue of a material of fact is found to have been raised, the administrative law judge may issue a decision which, in the absence of an appeal pursuant to  §§ 2570.69 through 2570.71 of this subpart, shall become a final order.
    
    
    
    
    
    
        
        (b) Hearings on issues of fact.
         Where a genuine question of material of fact is raised, the administrative law judge shall, and in any other case may, set the case for an evidentiary hearing.